Franklins Ltd v Burns; Burns v Franklins Ltd

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CITATION:

Franklins Limited v Burns; Burns v Franklins Limited [2005] NSWCA 54

HEARING DATE(S):

21 February 2005

 
JUDGMENT DATE: 


11 March 2005

JUDGMENT OF:

Beazley JA at 1; Tobias JA at 2; McColl JA at 3

DECISION:

(1) Defendant's appeal dismissed with costs. (2) Plaintiff's appeal allowed as to grounds 4 and 5, but otherwise dismissed. (3) The parties to have leave (if they so desire) to bring in within 14 days of the date of these orders Short Minutes of Order calculating, on the basis of the reasons given, the amount the plaintiff ought to have been awarded by way of damages for future domestic assistance. (4) Plaintiff to pay the costs of grounds 1 - 3 of her Notice of Appeal, such costs to be limited to the preparation of the written submissions relating to these grounds of appeal. (5) Defendant to pay the costs of grounds 4 and 5 of the plaintiff's Notice of Appeal, such costs to be limited to the preparation of the written submissions relating to these grounds of appeal.

CATCHWORDS:

DAMAGES - non-economic loss - future economic loss - past and present domestic assistance - DISTRICT COURT - jurisdictional limit (D)

LEGISLATION CITED:

District Court Act 1973 (NSW)
Workers Compensation Act 1987 (NSW)
Workers Compensation Legislation Further Amendment Act 2001 (NSW)

CASES CITED:

Ahmedi v Ahmedi (1991) 23 NSWLR 288
CSR Limited & Anor v Thompson [2003] NSWCA 329; (2003) 59 NSWLR 77
Dell v Dalton (1991) 23 NSWLR 528
Diamond v Simpson (No 1) [2003] NSWCA 67; (2003) Aust Torts Reports 81-695
Donald v McKeown [2004] NSWCA 285
Dubbo Stock & Station Agents Pty Ltd v Laws [2004] NSWCA 336
Ghunaim v Bart; [2004] NSWCA 28; (2004) Aust Torts Reports 81-731
Graham v Baker [1961] HCA 48; (1961) 106 CLR 340
Griffiths v Kerkemeyer (1979) 139 CLR 161; (1977) 15 ALR 387
House v The King [1936] HCA 40; (1936) 55 CLR 499
Husher v Husher [1999] HCA 47; (1999) 197 CLR 138
Jones v Bradley [2003] NSWCA 81
Malec v J C Hutton Pty Ltd [1990] HCA 20; (1990) 169 CLR 638
Matchan v Lyons (2003) 40 MVR 466; (2003) NSWCA 384
Moran v McMahon (1985) 3 NSWLR 700; (1985) Aust Torts Reports 80-762
Planet Fisheries Pty Limited v La Rosa [1968] HCA 62; (1968) 119 CLR 118
Roads & Traffic Authority of New South Wales v Lolomanaia [2001] NSWCA 268; (2001) 34 MVR 249
Southgate v Waterford (1990) 20 NSWLR 427
Sullivan v Gordon [1999] NSWCA 338; (1999) 47 NSWLR 319
Wynn v NSW Insurance Ministerial Corporation [1995] HCA 53; (1995) 184 CLR 485

PARTIES:

Franklins Limited (Appellant/Respondent)
Kym Burns (Appellant/Respondent)

FILE NUMBER(S):

CA 40051/04; 40016/04

COUNSEL:

M J Joseph SC/B Dooley (Franklins) (Appellant/Respondent)
S Norton SC/M M Fraser (Burns) (Appellant/Respondent)

SOLICITORS:

Sparke Helmore (Franklins) (Appellant/Respondent)
Bryden's Law Office (Burns) (Appellant/Respondent)

LOWER COURT JURISDICTION:

District Court

LOWER COURT FILE NUMBER(S):

DC 12247/01

LOWER COURT JUDICIAL OFFICER:

Hungerford…

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Details
Case
[2005] NSWCA 54
Decision Date

CaseChat Overview and Summary

The case of *Franklins Ltd v Burns; Burns v Franklins Ltd* concerned appeals to the New South Wales Court of Appeal from a District Court decision. The dispute arose from a claim for damages by the plaintiff, Ms. Burns, against the defendant, Franklins Ltd, following an incident that caused her injury. The District Court had awarded damages, but both parties were dissatisfied with aspects of the judgment, leading to cross-appeals.

The primary legal issues before the Court of Appeal involved the assessment of damages, specifically concerning non-economic loss and future economic loss. A significant point of contention was the District Court's jurisdiction to award damages exceeding its statutory monetary limit, particularly in relation to the plaintiff's claim for past and present domestic assistance. The court also had to consider the appropriate calculation of damages for future domestic assistance.

The Court of Appeal addressed the jurisdictional issue by clarifying the principles governing the District Court's power to award damages. It was held that the District Court's jurisdiction was not exceeded in this instance, as the calculation of damages for domestic assistance, even if it extended into the future, did not necessarily fall outside the court's monetary limits when properly assessed. Regarding the assessment of damages for future domestic assistance, the court provided guidance on the methodology to be applied, allowing for a recalculation by the parties.

The outcome of the appeals saw the defendant's appeal dismissed entirely. The plaintiff's appeal was partially successful, with the court allowing her grounds relating to the assessment of future domestic assistance. The parties were granted leave to agree on the quantum of damages for future domestic assistance based on the court's reasons. Costs were allocated between the parties, reflecting the success and failure of specific grounds of appeal.

Orders

Orders of the court

(1) Defendant's appeal dismissed with costs. (2) Plaintiff's appeal allowed as to grounds 4 and 5, but otherwise dismissed. (3) The parties to have leave (if they so desire) to bring in within 14 days of the date of these orders Short Minutes of Order calculating, on the basis of the reasons given, the amount the plaintiff ought to have been awarded by way of damages for future domestic assistance. (4) Plaintiff to pay the costs of grounds 1 - 3 of her Notice of Appeal, such costs to be limited to the preparation of the written submissions relating to these grounds of appeal. (5) Defendant to pay the costs of grounds 4 and 5 of the plaintiff's Notice of Appeal, such costs to be limited to the preparation of the written submissions relating to these grounds of appeal.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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